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Law Of Due Obedience
The Law of Due Obedience ( es, Ley de obediencia debida) was a law passed by the National Congress of Argentina after the end of the military dictatorship of the Proceso de Reorganización Nacional (which started with a coup d'état in 1976 and ended in 1983). Formally, this law is referred to by number (Law No. 23,521), like all others in Argentine legislation, but ''Ley de Obediencia Debida'' is the only designation in common use, even in official speeches. The law was passed on 4 June 1987. It dictates that it must be assumed, without admitting proof to the contrary, that all officers and their subordinates including common personnel of the Armed Forces, the Police, the Penitentiary Service and other security agencies cannot be legally punished by crimes committed during the dictatorship as they were acting out of due obedience, that is, obeying orders from their superiors (in this case, the heads of the military government, who had already been tried in the Trial of the Junta ...
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Argentine National Congress
The Congress of the Argentine Nation ( es, Congreso de la Nación Argentina) is the legislative branch of the government of Argentina. Its composition is bicameral, constituted by a 72-seat Senate and a 257-seat Chamber of Deputies. The Senate, whose members are elected to six-year terms renewable by thirds each two years, consists of three representatives from each province and the federal capital. The Chamber of Deputies, whose members are elected to four-year terms, is apportioned according to population, and renews their members by a half each two years. The Congressional Palace is located in Buenos Aires, at the western end of Avenida de Mayo (at the other end of which is located the Casa Rosada). The '' Kilometre Zero'' for all Argentine National Highways is marked on a milestone at the Congressional Plaza, next to the building. Attributes The Argentine National Congress is bicameral, composed of the Senate and the Chamber of Deputies. The ordinary sessions span is fro ...
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Buenos Aires Provincial Police
The Buenos Aires Provincial Police (Spanish: ''Policía de la Provincia de Buenos Aires'', informally ''Policía Bonaerense'') is the police service responsible for policing the Province of Buenos Aires, in Argentina. It is one of the biggest police services of Argentina, responsible for policing a province of over 15 million inhabitants, about 38% of Argentina's entire population. The Federal Capital district of Buenos Aires city is under the separate jurisdiction of the Buenos Aires City Police. The institution is usually referred to as ''Policía Bonaerense'', where ''bonaerense'' is the demonym for the Province of Buenos Aires. This contrasts with ''porteño'', used for the inhabitants of the Buenos Aires city. This police force is subordinate to the Provincial Ministry of Security headed by Minister Sergio Berni. The Chief of the force is Daniel Alberto García, after Fabian Perroni quit the police force in November 2019. Police Ranks Until January 2005, the Buenos Air ...
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Dirty War
The Dirty War ( es, Guerra sucia) is the name used by the military junta or civic-military dictatorship of Argentina ( es, dictadura cívico-militar de Argentina, links=no) for the period of state terrorism in Argentina from 1974 to 1983 as a part of Operation Condor, during which military and security forces and right-wing death squads in the form of the Argentine Anticommunist Alliance (AAA, or Triple A) hunted down any political dissidents and anyone believed to be associated with socialism, left-wing Peronism, or the Montoneros movement.''Political Violence and Trauma in Argentina, '' Antonius C. G. M. Robben, p. 145, University of Pennsylvania Press, 2007Marguerite Guzmán Bouvard, ''Revolutionizing Motherhood: The Mothers of the Plaza De Mayo,'' p. 22, Rowman & Littlefield, 1994 It is estimated that between 9,000 and 30,000 people were killed or disappeared, many of whom were impossible to formally document due to the nature of state terrorism. The primary target, lik ...
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Repealed Argentine Legislation
A repeal (O.F. ''rapel'', modern ''rappel'', from ''rapeler'', ''rappeler'', revoke, ''re'' and ''appeler'', appeal) is the removal or reversal of a law. There are two basic types of repeal; a repeal with a re-enactment is used to replace the law with an updated, amended, or otherwise related law, or a repeal without replacement so as to abolish its provisions altogether. Removal of secondary legislation is normally referred to as revocation rather than repeal in the United Kingdom and Ireland. Under the common law of England and Wales, the effect of repealing a statute was "to obliterate it completely from the records of Parliament as though it had never been passed." This, however, is now subject to savings provisions within the Interpretation Act 1978. In parliamentary procedure, the motion to rescind, repeal, or annul is used to cancel or countermand an action or order previously adopted by the assembly. Partial or full repeals A partial repeal occurs when a specified part ...
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Presidency Of Raúl Alfonsín
Raúl Alfonsín was the president of Argentina from 1983 to 1989. New beginning ] Chief among Alfonsín's inherited problems was an economic depression stemming from the 1981-82 financial collapse and its resulting US$43 billion foreign debt, with interest payments that swallowed all of Argentina's US$3 billion trade surplus. The economy recovered modestly in 1983 as a result of Bignone's lifting of wage freezes and crushing interest rates imposed by the Central Bank's "Circular 1050;" but inflation raged at 400%, GDP per capita remained at its lowest level since 1968 and fixed investment was 40% lower than in 1980.''Statistical Abstract of Latin America''. UCLA Press, Los Angeles. Naming a generally center-left cabinet led by Foreign Minister Dante Caputo and Economy Minister Bernardo Grinspun (his campaign manager), Alfonsín began his administration with high approval ratings and with the fulfillment of campaign promises such as a nutritional assistance program for the 27% ...
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Nuremberg Defense
Superior orders, also known as the Nuremberg defense or just following orders, is a plea in a court of law that a person, whether a member of the military, law enforcement, a firefighting force, or the civilian population, should not be considered guilty of committing actions that were ordered by a superior officer or official. The superior orders plea is often regarded as the complement to command responsibility. One of the most noted uses of this plea, or defense, was by the accused in the 1945–1946 Nuremberg trials, such that it is also called the "Nuremberg defense". The Nuremberg trials were a series of military tribunals, held by the main victorious Allies after World War II, most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated Nazi Germany. These trials, under the London Charter of the International Military Tribunal that established them, determined that the defense of superior orders was no longer ...
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Carapintada
The ' ( en, Painted Faces) were a group of mutineers in the Argentine Army, who took part in various uprisings between 1987 and 1990 during the presidencies of Raúl Alfonsín and Carlos Menem in Argentina. The rebellions, while at first thought to be an attempt at a military coup, were staged primarily to assert displeasure against the civilian government and make certain military demands known. Background Following Argentina’s return to democracy in 1983 with the election of Raúl Alfonsín, the new democratic government sought justice for the human rights violations perpetuated by the military government. The creation of CONADEP, the publication of ''Nunca Más'' report, the reform to the Military Justice Code, and the Trial of the Juntas (''Juicio de las Juntas'') were some of the measures taken to shed light on what had happened during the Proceso de Reorganización Nacional and bring the perpetrators to justice. Carapintadas uprisings On April 15, 1987, Lieutenant ...
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Amnesty Law
An Amnesty law is any legislative, constitutional or executive arrangement that retroactively exempts a select group of people, usually military leaders and government leaders, from criminal liability for the crimes that they committed. More specifically, in the 'age of accountability', amnesty laws have come to be considered as granting impunity for the violation of human rights, including institutional measures that preclude the prosecution for such crimes and reprieve those crimes already convicted, avoiding any form of accountability. History Many countries have been plagued by revolutions, coups, and civil war. After such turmoil the leaders of the outgoing regime that want, or are forced, to restore democracy in their country are confronted with possible litigation regarding the "counterinsurgency" actions taken during their reign. It is not uncommon for people to make allegations of human rights abuse and crimes against humanity. To overcome the hazard of facing prosecutio ...
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Genocide
Genocide is the intentional destruction of a people—usually defined as an ethnic, national, racial, or religious group—in whole or in part. Raphael Lemkin coined the term in 1944, combining the Greek word (, "race, people") with the Latin suffix ("act of killing").. In 1948, the United Nations Genocide Convention defined genocide as any of five "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group." These five acts were: killing members of the group, causing them serious bodily or mental harm, imposing living conditions intended to destroy the group, preventing births, and forcibly transferring children out of the group. Victims are targeted because of their real or perceived membership of a group, not randomly. The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been d ...
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State Terrorism
State terrorism refers to acts of terrorism which a state conducts against another state or against its own citizens.Martin, 2006: p. 111. Definition There is neither an academic nor an international legal consensus regarding the proper definition of the word "terrorism". Some scholars believe the actions of governments can be labelled "terrorism". Using the term 'terrorism' to mean violent action used with the predominant intention of causing terror, Paul James and Jonathan Friedman distinguish between state terrorism against non-combatants and state terrorism against combatants, including 'shock and awe' tactics: Shock and Awe" as a subcategory of "rapid dominance" is the name given to massive intervention designed to strike terror into the minds of the enemy. It is a form of state-terrorism. The concept was however developed long before the Second Gulf War by Harlan Ullman as chair of a forum of retired military personnel. However, others, including governments, intern ...
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Miguel Etchecolatz
Miguel Osvaldo Etchecolatz (1 May 1929 – 2 July 2022) was an Argentine police officer, who worked in the Buenos Aires Provincial Police during the first years of the military dictatorship of the 1970s. Etchecolatz was deeply involved in the "anti-subversion operation" known as the National Reorganization Process (''El proceso''). He was first convicted in 1986 of crimes committed during this period, but passage that year of the ''Ley de Punto Final,'' which created amnesty for security officers, meant that he was released without a sentence. In 2003 Congress repealed the law, and the government re-opened prosecution of crimes during the Dirty War. In 2004, Etchecolatz was one of the first two officials convicted and sentenced for child abduction: taking a child from "disappeared" parents, passing it on for adoption by officials of the regime, and hiding the child's true identity. He and Jorge Berges were each sentenced to seven years. He was also deemed responsible of the " N ...
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Crimes Against Humanity
Crimes against humanity are widespread or systemic acts committed by or on behalf of a ''de facto'' authority, usually a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the context of war, and apply to widespread practices rather than acts committed by individuals. Although crimes against humanity apply to acts committed by or on behalf of authorities, they need not be official policy, and require only tolerance rather than explicit approval. The first prosecution for crimes against humanity took place at the Nuremberg trials. Initially being considered for legal use, widely in international law, following the Holocaust a global standard of human rights was articulated in the Universal Declaration of Human Rights (1948). Political groups or states that violate or incite violation of human rights norms, as found in the Declaration, are an expression of the political pathologies associated with crimes against ...
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